Need of the hour: Supreme Court on SCBA plea seeking dedicated welfare fund for SC advocates

The Supreme Court on Wednesday agreed to examine a plea filed by the Supreme Court Bar Association (SCBA) seeking the creation of a dedicated welfare fund for advocates practising before the top court [Supreme Court Bar Association versus Supreme Court of India],.A Bench of Justices PS Narasimha and Alok Aradhe has issued notice on the plea after orally observing that such a fund is “the need of the hour.”The Court has, thereby, sought the response of the Supreme Court (through its Secretary General), the Central government, the Bar Council of India (BCI), and the Bar Council of Delhi (BCD)..Representing the SCBA, Senior Advocate Vikas Singh today submitted that there is a gap in the Advocates' Welfare Fund Act when to comes to extending such welfare benefits to Supreme Court lawyers. ”Just have a look at the Act. There is a reference to the Vakalarnama in Supreme Court. But The money will go to the Delhi Bar Council,” he submitted..Singh pointed to the definition of “advocate” under the Act and submitted that it requires membership of a State Bar Association.“SCBA is completely out,” Singh explained.To this, Justice Narasimha said,"It doesn’t have standing on its own. Supreme Court rule 15A, something can be done. Definitely the need of the hour.".SCBA's petition highlights the need for a structured welfare system for Supreme Court lawyers. It points out that the Advocates' Welfare Fund Act, 2001 operates through State Bar Councils, leaving SCBA members without effective coverage.“This creates a disparity where practitioners at the Apex Court, often detached from their parent State Bar Council's local welfare schemes, are left without a safety net during medical emergencies or unforeseen hardships," the plea states..The plea thus seeks directions to amend the Supreme Court Rules, 2013. It seeks insertion of Rule 15A, to being changes to a definition clause and Schedule III of the Rules.It proposes a mandatory ₹500 “Lawyers Welfare Stamp” on every vakalatnama and the creation of a dedicated SCBA Welfare Fund to be managed by a committee headed by the Chief Justice of India or a nomineeThe petition adds that such a mechanism would ensure fiduciary integrity and transparency. It would also shift the system from a discretionary charity-based model to a mandatory rights-based social security framework..The petition has been filed through advocate Pragya Bhaghel..[Read Live Coverage]